The civil trial concerning the 2016 death of Tony Timpa reached a conclusion Wednesday, with Timpa’s son awarded $1 million in damages.
After a series of delays, the civil trial kicked off on September 18.
As previously reported by The Dallas Express, Dustin Dillard was one of four police officers who responded to Timpa’s 911 call on the night of his death. Timpa, 32, had called to report that he needed assistance since he was off his schizophrenia medication and had taken cocaine.
Arriving on the scene, Dillard, Kevin Mansell, Danny Vasquez, and Raymond Dominguez restrained Timpa with handcuffs and a zip tie around his ankles. Dillard allegedly used his knee to pin Timpa face-down for a total of 14 minutes.
The autopsy report from the Dallas County Medical Examiner ruled that Timpa’s death was a homicide caused by physiological stress, which had been exacerbated by the toxic effects of cocaine as well as by physical restraint.
All four officers faced misdemeanor charges of deadly conduct, yet the charges were later dropped by Dallas County District Attorney John Creuzot.
The Timpa family tried to sue the City of Dallas and the officers for wrongful death based on the alleged use of excessive force.
However, the lawsuit had difficulty getting off the ground, in large part due to the qualified immunity doctrine by which officers are shielded from potential liability while performing their duties lawfully.
However, as previously covered by The Dallas Express, in early 2022, a federal appeals court overturned a 2020 ruling that had dismissed the grounds of the suit, allowing it to go forward.
The City petitioned the U.S. Supreme Court to get the ruling reviewed and reversed. However, the high court refused the petition in June 2022, paving the way for the civil trial.
City attorneys claimed that Timpa’s death had been caused by his history of substance abuse, mental illness, and heart conditions.
“This isn’t about symbolism or the Dallas Police Department,” Senior Assistant City Attorney Lindsay Gowin said, according to KERA News. “This is about whether these men will be called killers.”
Meanwhile, lawyers representing the plaintiffs argued that Dillard had violated Timpa’s Fourth Amendment rights by using excessive force. The other officers did not intervene, making all four responsible for his death, they claimed.
“Seven years ago, Tony Timpa made that phone call [for help], and over the last seven days, we’ve been imploring you to answer it,” the family’s lawyer, Geoff Henley, said.
The jury delivered its verdict on September 27, finding all officers but Mansell guilty of violating Timpa’s constitutional rights. Jurors also found that qualified immunity shields two of the three officers.
Although the plaintiffs had asked jurors to award upwards of $100 million to Timpa’s estate, damages in the amount of $1 million were awarded only to 15-year-old Kolton, Timpa’s son.
Henley expressed dissatisfaction with the jury’s decision, telling WFAA, “Unfortunately, I don’t believe Dallas Police Department realizes how dangerous this is, and I think we’re gonna have more deaths.”
